Evansville & Terre Haute Railroad v. Mosier

Mosier recovered a judgment against the appellant railroad company for the value of two colts killed by the company’s cars on its track, upon which the animals entered, on the morning of the 22d of August, 1883.

The evidence shows without dispute that the animals escaped from the enclosure in which they were pasturing, through a gate at a private crossing which led from a public highway, over the company’s right of way and track, to some enclosed pasture lands. The enclosure embraced a tract of land comprising one hundred and thirty-five acres, which, although owned in separate parcels by the…